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  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
  • Digital Federal Credit Union vs. Rodriguez, Johnny A. Equitable Replevin document preview
						
                                

Preview

Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT CIVIL ACTION NO. 24CV319 Digital Federal Credit Union, Plaintiff, V. 06/18/2024 Johnny A. Rodriguez, Defendant. VERIFIED COMPLAINT FOR WRIT OF REPLEVIN Now comes Digital Federal Credit Union (hereinafter “DCU”), and complains against Johnny A. Rodriguez as follows: Parties 1 The Plaintiff, Digital Federal Credit Union is a corporation organized under the laws of the United States with a principal place of business located at 220 Donald Lynch Blvd, P.O. Box 9130, Marlborough, MA 01752. 2. Upon information and belief, the Defendant, Johnny A. Rodriguez, is a natural person with a last known address at 118 White Street, Springfield, MA 01108. Facts 3. That on or about September 6, 2019 the Defendant executed and delivered to Plaintiff a certain Promissory Note and Security Agreement in the amount of $14,580.19 (“Note”). See Exhibit A attached hereto for a true and correct redacted version removing personal information. File # 23-042540 Page 1 of 5 Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number 4. Said Note was secured by a certain motor vehicle, described as a 2014 Honda CR-V, VIN No. 2HKRM4H54EH628060 (“Vehicle”), which, on information and belief is kept at 118 White Street, Springfield, MA 01108. 5. The Plaintiff is the current holder of the Contract. 6. The Note is secured by the Vehicle. 7. The Plaintiff's security interest in the Vehicle was duly perfected and constitutes a valid lien against the Vehicle as evidenced by the Certificate of Title. See Exhibit B attached hereto for a true and correct redacted version removing personal information. COUNT I (Breach of Contract) 8. The Plaintiff reasserts and incorporates by reference Paragraphs | through 7. 9. The Defendant is in default of the Contract by virtue of his failure to make timely payments due and owing to Plaintiff in connection with the Contract and retains possession of the Vehicle. 10. The Defendant has breached the Contract by failing to make payments that have become due, or to return possession of the Vehicle to the Plaintiff. 11. The Plaintiff has demanded payment from the Defendant or possession of the Vehicle in accordance with Massachusetts General Laws Chapter 255D §21. See Exhibit C attached hereto for a true and correct redacted version of the demand letter removing personal information. 12. The Defendant has failed to cure the default or reinstate the debt set forth in the Contract, despite demand. 13. As of June 20, 2023, the Defendant owes the Plaintiff the sum of $8,254.65. File # 23-042540 Page 2 of 5 Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number COUNT II (Replevin - Injunctive Relief) 14. The Plaintiff reasserts and incorporates by reference Paragraphs | through 13. 15. The Defendant has continued to use and enjoy the possession of the Vehicle despite his default of the obligations set forth in the Contract as alleged herein. 16. The Defendant has failed to make payments that have become due, or to retum possession of the Vehicle to the Plaintiff, despite demand. 17. In the event of default, the Contract grants Plaintiff the immediate right to repossess the Vehicle to satisfy the debt. 18. Pursuant to Massachusetts General Laws Chapter 255D §22, Plaintiff is entitled to possession of the Vehicle after notice and hearing. 19. The Plaintiff claims return of the Vehicle or its value. 20. On information and belief there are no other known lienholders. WHEREFORE, the Plaintiff demands judgment against the Defendant and requests the following relief: 1 Issue an ORDER OF NOTICE, notifying the Defendant of a hearing on its request for a preliminary injunction. 2. Grant a preliminary and permanent injunction restraining Defendant from removing the Vehicle from its location, or transferring, selling, pledging, assigning, or otherwise altering, damaging, disposing of, or permitting the Vehicle to become subject to a security interest or lien, until further Order of the Court; and 3. Grant a preliminary and permanent injunction that the Defendant, his employees, agents, servants, landlord and others acting in his behalf, return said collateral to the Plaintiff, and that the Defendant, his employees, agents, servants, landlord and others acting on his behalf refrain File # 23-042540 Page 3 of 5 Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number from interfering with the right of the Plaintiff, its agents, representatives and process servers, to enter and remove the Vehicle from any premises of the Defendant or any location where the Vehicle is being held. Dated: Apnk__, 2024 June 14, 2024 Respectfully submitted, By its attorney, /s/ Tracy A. Kish Tracy A. Kish, Esq. BBO# 656918 Korde & Associates, P.C. 900 Chelmsford Street, Suite 3102 Lowell, MA 01851 (978) 256-1500 (ext. 26245) tkish@kordeassociates.com File # 23-042540 Page 4 of 5 Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number VERIFICATION L+ bh Gok employed by Digital Federal Credit Union, having first been duly deposed and sworn, hereby state under the penalty of perjury that based upon a review of Digital Federal Credit Union's business records kept in the ordinary course of business. the NADA Official Used Car Guide and the exhibits contained herein, | have personal knowledge that the facts contained in the foregoing document are true, accurate and complete to the best of my knowledge, information, and belief. Dated C/o STATE OF At Mp oq O59 Lys L us COUNTY OF Middl f On this day personally appeared before me bP IEA) Ce? made oath that the facts alleged in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and/or belief LO WAX Notary Public/Justice of the Peace My commission expires July, 21, 207.8 Victoria A. Robinson wy a NOTARY PUBLIC HONWEALTH OF MAS!SSA | Ek MY COMMISSIONE: duly 21, 2028 IRES beset File # 23-042540 Page 5 of 5 Date Filed 6/18/2024 3:33 PM Superior Court - Hampden. Docket Number Exhibit A (Contract) Date Filed 6/18/2024 3:33 PM Superior Court - Hampden | Docket Number Sep 06 2019 05:33PM HP Fax page6 snares comms te en Name Co- ‘Name Nar Gneluding CotSint and Zip Goda) (including County and Zip Code) RODRIGUEZ, JOHNNY A Fortuna Auto Sales Inc. 118 WHITE ST 1650 Bay Street SPRINGFIELD, MA 01108 Springfield MA 01109 choose to-buy the vehicie You, the Buyer (and Co-Buyer, If any), may buy the vehicle below for cash or on credit. By signing this contract, you “we” or “us” in this ‘on credit r the agreements on the front and back of this contract. You agi ree to pay the Seller - CreditorWe (gometimes will figure your finance charge contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below. on a daily basis. The Truth-In-Lending Disclosures below are part of thia contract. Make Primary Use For Which Purchased New/Used Year and Model Vehicle Identification Number Personal, Tan ‘or household unless: Honda C business used 2014 CR-V 2HKRM4H54EH628060 1D aprcutural PERCENTAGE TRU TH-IN-LENDING DISCLOSURES. Total of Financed Total Sate meurance. You you choose may “a a) hyskcal damage Ineur- from anyone to us, You are not requiredto ton ndetng ‘The am ~The total cost of to obtain credit ‘The dollar The amount of Vendor's Sing Interest ‘The cost of amount the credit provided | will have patd after your purchase on. untess the you have made all | ‘credit, including requiredIs: your credit as ‘a yearly rate. credit will cost you, ‘on your behatt. Payments 88 tt any Insurance Is checked below, policies or ‘from the named insurance ‘companies wilt desoribe the terms and conditions. 5.24% $ $2,198.26 | $ $14,580.19] $ $16,778.45] $ $17,278.45 ‘Cheek the Insurance you want and sign below: Optional Credit insurance Your Payment Schedule Will Be: Cleredit Lite: () Buyer C) Co-Buyer C1] Both ‘Numberof Payments Amount of Payments write Bue credit Acciéent and Health: Buyer C]Co-Buyer C1 Both . Monthly beginning 19/96/2019 (Ci credit Invoiuntary Unemployment insurance: 65 $258.13 Ooeuyer Cl Coeuyer ‘Deon Premium: Credit ties __n/@ Or As Follows: Credit Accident and Heath §_./8___ ‘Credit Involuntary Unemployment Insurance § —_____ insurance Company Name Late Charge. \f payment Is not received In full within 15 days after it is due, you wil pay a late charge of 8% of the part of the payment that is late, The charge will not exceed $5 if you bought the vehicle primarily Home Office Address for personal, family, or household use, Prepayment. If you pay off all your debt early, you will nat have to pay a penalty. (Credit ite insura accident and heath insurance, and nce, credit to Security interest. You are giving a security interest in the vehicle being purchased. matio n nonpayment, ‘obtain credit. caneen insurance are ‘not ‘buy or not to buy credit fe Additional Information: See this contract for more Information Including inforabout {ngurance, ‘oredit default, eny required repayment in full betore tho echeduled date and security Interest. Insurance wit not be @ factor in the wil nol be provided uniees ‘the extra cost. If you choose this insurance, {TEMIZATION OF AMOUNT FINANCED ‘cost is shown In Item 4A of the 4. Cash Price (inching $881.19 __ sales tax) $_$14,681.191) I Insurance Is based on your original ‘This insurance may not pay all you owe on this contract tf 2 Total Downpayment = ‘ol cover any Inreese nyu Ra ‘or in the rumberof Trade-| credit accident and " (Year) (Make) and Grose Trade-in Allowance ‘enda on the due date for the lest payment untess @ ¢_sn/a for the insuranceis Less Pay Off Made By Selter Equals Net Trade In $_$n/a__. + Cash $_$500.00_ + Other $_$500.00__ YOU CANNOT BE DENIED CREDIT SIMPL (iftotal downpayment is negative, enter “0” and see 4] below) 3 Unpald Balance of Cash Price (1 minus 2) INSURANCE. CREDIT LIFE INSURANCE ANI Geer ACCIDENT AND HEALTH 4 Other Charges Including Amounts Paid to Others on Your Behalf (Soler may keep part of these amounts): ANC! NOT A. Cost of Optional Gredit Insurance CREDIT, INSURANCEWILL NOT BE PROVIDE: “Paid to Insurance Company or Companias. UNI ID AGREETO PAY TH Uta $ gn/a ADDITIONAL $ $n/a Other Optional Insurance Accident and Health unt enUnemployment Involuntary Insurance _§n/a_____ $_$nda__ “Type of Insurance B_ Vendor's Single interest insurance Paid to Ineuranoe Company Premium $ —_—_—_________ nf Paid to insurance Cor Insurance Company Name wn Rateanl Ran Crnteaet $_$nfa_ a (lane Minn Bede Date Fi 6/18/2024 3 PM Superior Court - Hampden Docket |Number Sep p nn run 05:33PM HP. Fax je 7 [ seu Late Charge. it Payment is not received in full within 1 Cred inolictary Uneaten ineoince $: ‘5% of the part of the Payment that Is late, The charge 'S days after it is ‘dua, you wil pay a late charge of {insurance Company Namo for personal, family, or household use, ‘wil not exoeed $5 you bought the vehicle primary Home Office Address. {f you pay off all your debt arly, you wil not have to pey @ penalty. InteYou rearest givin,g a ‘Security interest in Additional i See this contra for the vehicle being purchased. Cred tte insu credit ra accident ncand e, health end ct otek, any required Fepayment more Information including Information about nonpayment, in tui before the scheduled date and security interest. obtain credit, fe nol requtedtp gS, Buy OF not Yo buy cot ip ‘nevrance, credit acckfend STEMIZATION OF AMOUNT FINANCED will not be @ factor In the ; Pan ite (tog $$BB1.19 sale nx 0 pay the extra vost If you chooga thierauates Be costis ‘shown in fem $814,681.19 Trade-in (Year (Make) a aL Yay yu ove on aecontfy (htodaiy ‘not cover ay payment or in the number of Gross Trade-in Altowanoe Coveragefor (ie fnsurance, Less Fay Off Mace By Seller $_Snfe $_$n/a anfarest oneterm forthe tbe insurance ft invlurary| dus date for the last payment unless Equats Net Trade In Is ‘shown below. + Cash + Other $_$500.00 $_née (if total downpayment is negative, enter “0” and ee 41 below) 3 Unpaid Balance of Cash Price (1 minus 2 $_$500.60:"- 100.0: YOU CANNOT BE DEMED 4 Other Charges including Amounts Pad to Othars on Your Beta! $_$14,181. 19% YOU CHOOSE MOTTO BUY CREDT (Boter may keep part of these amounts): ‘SREY ACCIDENT, AND HEALTH INSURANCE ‘A Cost of Optional Cred Insurance ANG CREDIT Paid to Insurance Company or Companies. ARE MOT REGUIR FO ED OBTAIN ‘Accident and Health, S$nfa UNLESS YOU Siew AND AGRE TO PAYETHE 2 Paidveerto suranc tng e tenetaneass Corspany Sa $s (Other Optional insurance _ pe of hraaarcs © Other Paks to. $_$2fa__ el Be “E $ffa sg tigi, fk 3 Lien Fees $_$n/a for $_nfa F GovernmentTe‘Not Inclinud Cashed $_nfa Type of Inswance: Prica Goverment License endior Registraion Foas 8S A Precis __PAé fesumrce Company Name Government Certiicata of Tite Foes $_$25.00___ | Other Charges (Beller must identity who ls pal and $873.00 Fame Office Adieens Sescrine purpose! for Prior Cradh or Lease Belence teqpaired to obtain cred, $_n/a_ OF Fh other optional for_ Se; Wil ret be-a. factor Fortuna Auto Salde Dedivery Foe $_$n/a___ ‘SpprON process. Rt wi $9299.00 _ you sign and agree to pay the S_$n/a__ | want the insura checke nced above, $_Snfa___ to” $_ n/a $_nfa Buyer Signature $_u/a $_nfe Other é and Amounts Otherson Your S_nfa Co-Buyer Signature Date 5 Amount Financed (8 + 4) $__$399.00 _ 4) $914,580.18) ON YOUR LIABILITFOR Y BODILY INJURY OR OPTION:(1 You pay no finance charge If the DAMAGE Amount Financed, item§, Is paidin full on or before ——_—___.,Year _ SELLER'S INITIALS, area): Hf the box ls checked, the Credior OPTIONAL GAP CONTRACT A gap contiact . (debt for the iniualterm of the contract to patoc! {ineurance the Cradior Hane you ln bolo ‘and agree 0 pay the extra charge. If you chooseto. 5 not required to obtain credit and will not be ‘or fos or {ineurance to the vehicle Is for the Credor’s (ooliion, fra, thf}, VSI buy 8 gap Contract, the charge Is shown in Hem ‘af the Financed. See your gap contract for detas on the‘terms and ‘provides. iis a part ofthis contract, ‘ot protect your interest in the vehide. You the Ineurance ‘Which the VSI Inaurancefs Term 65. Mos, ‘obtained. If you slect 0 ‘VSI Insurance the ‘Name of Gan Gnnirart Credit, the coat of this §$_n/a__ urenoe aniis — an In Ha AP. the tamtratinn of Brewint Fironnart Tha Date Filed 6/18/2024 3:33 PM Superior Court - Hampden Docket |Number a2 96 Zoe 05:35PM HP Fax page 8 . et - @ Government Renee al endior Registration i$ See a Government Certticate of ineurance Company Name Tits Fees $_$25.00__ 1. Other Charges (eller must Identity who Js paid and $_$75.00_ Home Office Address cate purpose) for Prior Credit or Lease Balance to Insurance